Joe Henderson
If the assault on the U.S. Capitol happened in Tallahassee instead of Washington, Donald Trump could have been arrested under the new HB 1 law for inciting a riot. Depending on which side of the fence you reside, that would either be a pleasing thought or abhorrent.
Either way, to quote the statute, “All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a felony of the third degree.”
Wait, though. You can already go to jail for inciting a riot. Why do we need another law that parrots what’s already on the books?
We don’t, but Tallahassee Republicans, starting with Gov. Ron DeSantis, want to tell voters they’re tough on crime. This is what they came up with.
The so-called “anti-riot” bill grew out of last summer’s violence after George Floyd’s murder in Minneapolis. It was a scary time for many.
Police arrested hundreds of rioters in many Florida cities, although most of them faced minor charges, such as curfew violations. Hillsborough County State Attorney Andrew Warren declined to prosecute 67 of those arrested because he determined they were protesting peacefully.
Oh, that pesky First Amendment thing.
Yes, there also was vandalizing, violence against police officers, and destruction. Those folks deserve whatever punishment the courts can mete out, and they’ll get that.
The system works.
So, why turn the state Constitution into a campaign prop?
That’s what Warren would like to know.
He wrote to lawmakers, urging them to reject HB 1 and its companion SB 484.
The bills, he said, “…will not help State Attorney’s Offices prosecute rioters, and it complicates any such prosecutions by blurring the line between protesting constitutionally protected by the First Amendment and unlawful rioting.”
A provision of the proposed law would allow peaceful protestors to face a felony charge if the scene around them turns violent, even if they had nothing to do with that.
“HB 1 and SB 484 suffer from the misplaced belief that prosecutors need more laws and enhanced punishments to address these crimes,” Warren wrote. “… Beyond those concerns, this bill retreats to the outdated throw-everyone-in-jail philosophy that has been revealed as a giant failure ….”
There you have it, citizens.
That’s the heart of the matter, and it always seems to be that way in Florida.
Crack their heads and throw ’em in jail because we mean business about keeping the peace.
Yeah, right.
Warren is correct because this is just a giant political stunt with racist overtones. Remember, the Black Lives Matter movement was prominent in the protests. It was an election year and nothing was out of bounds. The Trump administration spun it as “Antifa is coming for your daughter, your dog, and your truck.”
Those guilty should face harsh penalties, and they will. Innocent people can get swept up in the melee, though, and this push in Tallahassee doesn’t seem to allow for that.
“We need to engage in a thoughtful discussion about law enforcement use of force that recognizes the unique obstacles officers face and the expectations of the communities they police,” Warren wrote.
“Until then, politicians can continue to talk tough on crime and create as many laws as they want, but we will not make any real progress as a state or country unless and until we have a serious approach from serious leaders.”
The proposals working through the legislative process now are serious alright.
Seriously wrong.
2 comments
Ocean Joe
March 11, 2021 at 9:17 am
Anybody remember when Republicans ran on a platform of reducing laws, and bragged about taking laws off the books?
While Florida already has plenty of laws in our criminal code to cover any unlawful behavior, it is a shame the District of Columbia does not have a death penalty for the cop killer(s) among the Jan 6 capitol ‘ attempt to overthrow our government/riot inspired by the bloated one. Imagine an entire party that parades the flag around while worshipping this character.
Ron Ogden
March 11, 2021 at 9:33 am
Guess you haven’t had your ivory tower looted and burned recently, eh Joe? Protestors march and sing in the sunshine, where all can see, and they do so in accordance with the law, so that there is justice for everyone, even the innocent bystanders. Antifa and its like riot at night, from behind masks and hoods, so that they can’t be named, and they can get away with all they can. Joe, it is clear to see which side you are on.
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